Same-sex marriage: DOMA briefs (FINAL UPDATE)
on Feb 22, 2013 at 8:29 pm
FINAL UPDATE 8:35 pm
NOTE: Under the Supreme Court’s schedule for briefing on the constitutionality of the federal Defense of Marriage Act, two kinds of briefs were filed today. The Obama administration filed its brief arguing why it considers DOMA to be unconstitutional. Second, briefs were filed on the question of whether the Court has the authority to decide that case. One of those was from the administration, one from the Republican leaders of the House of Representatives, and one from Edith Windsor, a New York City woman who was required, under DOMA, to pay an estate tax after inheriting property when her same-sex spouse died. In this post, the blog provides a link to each of these briefs; the post has been updated as they became avilable. The contents of the briefs are discussed in separate posts, below this one, in this order:
The brief of the Obama administration on the constitutionality of DOMA is here, and its brief on its right to pursue an appeal on DOMA is here. A single post discussing those two briefs is here.
The brief for the House Republican leaders on their standing to appeal and their challenge to the government’s right to appeal is here. A post discussing this brief is here.
The brief for Ms. Windsor on the jurisdictional issues is here. The brief’s arguments are discussed here.
